NCS00787_NOV_20170526

State of North Carolina | Environmental Quality | Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919 707 8200
ROY COOPER
Governor

MICHAEL S. REGAN
Secretary

MICHAEL SCOTT
Director

May 26, 2017

CERTIFIED MAIL 7016 1370 0001 6571 5293
RETURN RECEIPT REQUESTED

Shannon Helton
Cherokee Septic
817 Shady Grove Road
Murphy, NC 28906

SUBJECT: Notice of Violation
Compliance Inspection Report
Cherokee Septic
NCS-00787
Cherokee

Dear Mr. Helton:

On May 23, 2017, I, Troy Harrison, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section), inspected the above referenced facility for compliance with
North Carolina solid waste statutes and rules. Mr. Randolph Shields of Shields Dairy and Tim Fox of the
North Carolina Division of Water Resources were present during this inspection. The following violation
was noted:

A. 15A NCAC 13B .0201(a)

No person shall treat, process, store, or dispose of solid waste or arrange for the treatment,
processing, storage, or disposal of solid waste except at a solid waste management facility
permitted by the Division for such activity, except as provided in G.S. 130A-294(b).

You were in violation of 15A NCAC 13B .0201(a) in that on May 23, 2017, it was observed that a Septage
Detention or Treatment Facility (SDTF) was established by Cherokee Septic on property owned by
Randolph and Wilma Shields for the storage of septage. The facility consisted of one tanker trailer with
the estimated capacity of 6500 gallons at 115 Dairy Farm Road, Cherokee, NC. The tanker was observed
to be almost completely full.

Based upon the foregoing, Cherokee Septic shall come into compliance by June 30, 2016 with all
requirements of the regulations in 15A NCAC 13B .0201(a) by completing the following:

1. Immediately discontinue the use of the tanker trailer being used as SDTF tank.

2. By June 30, 2017, remove the contents of the tanker trailer for disposal at an approved WWTP
and save the receipts generated by the disposal and submit to:

Cherokee Septic
Notice of Violation
Page 2 of 2
May 26, 2017

Troy Harrison, Environmental Senior Specialist
2090 US Highway 70
Swannanoa, NC 28778
Or email
[e-mail]

3. A permit will be required to operate this or any STDF at the site. In addition, any SDTF will
require compliance with requirements of 15A NCAC 13B .0825, including setbacks. For
additional information concerning the permitting process contact:

Connie Wylie, Soil Scientist
Composting and Land Application Branch
225 Green St, Suite 714
Fayetteville, NC 28301-5043
Phone Number: 910-433-3352

The violations listed above were observed by Section staff and require action on behalf of the facility. In
order to come into, or maintain compliance with the Statutes, Rules, and/or other regulatory
requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an administrative
penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Laws, Regulations,
Conditions of a Permit, or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further,
the facility and/or all responsible parties may also be subject to enforcement actions including penalties,
injunction from operation of a solid waste management facility or a solid waste collection service and any
such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste
Management Act and Rules.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-
up inspection to verify that the facility has completed the requirements of this Notice of Violation.

If you have any questions, please contact me at [phone] or e-mail [e-mail].

Sincerely,

Troy Harrison
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Ellen Lorscheider, Solid Waste Section Chief
Corinne Law, Composting & Land Application Branch
Connie Wylie, Composting & Land Application Branch
Sarah Rice, Solid Waste Section